PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 34 of 70
record of the body if(a)
the request is manifestly frivolous or vexatious; or
(b)
the work involved in processing the request would substantially and
unreasonably divert the resources of the public body.
46 Mandatory disclosure in public interest
Despite any other provision of this Chapter, the information officer of a public
body must grant a request for access to a record of the body contemplated in
section 34 (1), 36 (1), 37 (1) (a) or (b), 38 (a) or (b), 39 (1) (a) or (b), 40, 41 (1)
(a) or (b), 42 (1) or (3), 43 (1) or (2), 44 (1) or (2) or 45, if(a)
(b)
the disclosure of the record would reveal evidence of(i)
a substantial contravention of, or failure to comply with, the
law; or
(ii)
an imminent and serious public safety or environmental risk;
and
the public interest in the disclosure of the record clearly outweighs the
harm contemplated in the provision in question.
CHAPTER 5
THIRD PARTY NOTIFICATION AND INTERVENTION (ss 47-49)
47 Notice to third parties
(1) The information officer of a public body considering a request for access to a
record that might be a record contemplated in section 34 (1), 35 (1), 36 (1), 37 (1)
or 43 (1) must take all reasonable steps to inform a third party to whom or which
the record relates of the request.
(2) The information officer must inform a third party in terms of subsection (1)(a)
as soon as reasonably possible, but in any event, within 21 days after
that request is received or transferred; and
(b)
by the fastest means reasonably possible.
(3) When informing a third party in terms of subsection (1), the information
officer must(a)
state that he or she is considering a request for access to a record that
might be a record contemplated in section 34 (1), 35 (1), 36 (1), 37 (1)
or 43 (1), as the case may be, and describe the content of the record;
(b)
furnish the name of the requester;
(c)
describe the provisions of section 34 (1), 35 (1), 36 (1), 37 (1) or 43
(1), as the case may be;
(d)
in any case where the information officer believes that the provisions of
section 46 might apply, describe those provisions, specify which of the
circumstances referred to in section 46 (a) in the opinion of the
information officer might apply and state the reasons why he or she is of
the opinion that section 46 might apply; and
(e)
state that the third party may, within 21 days after the third party is
informed(i)
(ii)
make written or oral representations to the information officer
why the request for access should be refused; or
give written consent for the disclosure of the record to the
requester.
(4) If a third party is not informed orally of a request for access in terms of
subsection (1), the information officer must give a written notice stating the
matters referred to in subsection (3) to the third party.
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